Change of status (H4 to H1) denied, Can I go for H1B transfer with other employer?

[nsspriya]

My H1B was filed by an employer in US when I was in India,
I moved to US on June 8th 2014 on H4 visa
H1B petition got approved as on Oct 1st 2014(didn't receive I-94), My employer filed for COS with in house project , which got denied.

My question is what are my options now, if I wish to work in US?

Can I get my H1B transferred with some other employer and ask them to file for H1B + COS and work on their payroll?
Is H1B transferred even possible, since I don't have pay stubs?
Or should I travel back to India and get visa stamped and travel back to US on H1B?
Or should I wait for my current employer to file for COS again with a valid project?


Need Help

Thanks & Regards
Priya

[raghvi]

My H1B was filed by an employer in US when I was in India,
I moved to US on June 8th 2014 on H4 visa
H1B petition got approved as on Oct 1st 2014(didn't receive I-94), My employer filed for COS with in house project , which got denied.

My question is what are my options now, if I wish to work in US?

Can I get my H1B transferred with some other employer and ask them to file for H1B + COS and work on their payroll?
Is H1B transferred even possible, since I don't have pay stubs?
Or should I travel back to India and get visa stamped and travel back to US on H1B?
Or should I wait for my current employer to file for COS again with a valid project?


Need Help

Thanks & Regards
Priya

1. Yes another employer can file a cap exempt H1 and also apply H4 to H1 COS. Do your due diligence that its not another " internal project" OR end client project for which your employer isn't able to provide client letter.
2. You are currently on H4 status so pay stubs not required
3. Even if you travel back, in order to get H1 stamping with current/new employer you would need valid documentation, internal projects, multi layered client work has high risk of denial or going to admin processing.
4. This probably would be the next best option if you cannot find another employer.

This is my opinion not legal advice.